Long-Term and Permanent Workplace Injuries in New Jersey

Suffering a long-term or permanent injury on the job can be stressful and life-changing. The Workers' Compensation Act protects employees who suffer work-related injuries in New Jersey.

This law outlines how injured workers can receive benefits for medical bills, lost wages, and any lasting harm that makes it hard or impossible for them to return to their old jobs. However, the rules and requirements can be complicated, and many people do not know what to expect.

Why Does New Jersey Have a Workers’ Compensation Act?

In New Jersey, workplace injuries fall under a legal system that ensures injured employees get help quickly. The Workers’ Compensation Act provides an exclusive remedy, which means employees generally cannot sue their employers in regular court unless the employer acted with intentional wrongdoing. This system tries to speed up the process by preventing lengthy lawsuits and ensuring employees have an efficient path to benefits if injured on the job.

The law covers everything from temporary disability benefits to permanent disability benefits, depending on how severe and lasting your injury is. Once you are hurt, it is no longer about whether you must prove your employer was “negligent.” Instead, you simply show that the injury happened during work.

What Are Long-Term and Permanent Workplace Injuries?

A long-term or permanent workplace injury goes beyond a quick fix. You might need weeks, months, or even years of medical treatment. In the worst cases, you cannot return to the same type of job (or sometimes any job) because of the injury. Under New Jersey’s Workers’ Compensation Act, you can receive benefits for these injuries if you can show that the injury happened while on the job.

• Permanent Partial Disability: This applies when you can still work but have a permanent limitation or loss of function. For example, losing some movement in your shoulder might reduce how well you can perform certain tasks.
• Permanent Total Disability: This means you cannot return to the workforce. Benefits for total disability can continue beyond 450 weeks if you prove you cannot earn earnings comparable to what you earned before your accident.

How Do You Prove a Permanent Injury?

If you claim permanent disability, you must show objective medical evidence, it is not enough to say you are in pain or cannot do certain tasks. The court wants proof from doctors or medical professionals that your body suffered a lasting impairment. So, your evidence should demonstrate the injury's real effect on your day-to-day life—whether it is difficulty standing, lifting, walking, or doing your normal job duties.

What Benefits Can You Receive?

Below are the types of benefits an injured worker in New Jersey might receive for a long-term or permanent workplace injury:

• Medical Care: Coverage for doctor visits, surgeries, prescriptions, therapies, and any other related treatment
• Temporary Disability: Payments while you cannot work and recover until you reach “maximum medical improvement.”
• Permanent Partial Disability: Ongoing payments if you have a permanent but partial limitation in function
• Permanent Total Disability: Benefits that continue for up to 450 weeks (and potentially beyond) if you cannot return to any kind of work
• Reimbursement: If you received temporary disability payments from another source, the workers’ compensation carrier may have to pay back the Division of Employment Security

How much you receive depends on factors like your weekly earnings before the injury and the severity of your disability. An experienced New Jersey workers’ compensation attorney can help calculate the benefits you are entitled to and ensure you do not settle for less than you deserve.

What If I Have a Preexisting Condition?

Sometimes, employees come into a job with a prior injury or condition. Suppose your work aggravates or worsens that condition. In that case, you might still qualify for workers’ compensation benefits if your job was at least a contributing cause of the new or worsened injury (Workers’ Compensation Law (N.J.)). For example, if you had mild back problems that worsened after lifting heavy boxes at your workplace, you can have a valid claim.

Are Stress and Heart Issues Covered Under New Jersey Workers’ Compensation Law?

Yes, but it can be more challenging to prove. Cardiovascular or cerebral vascular injuries, such as heart attacks or strokes, can be compensated only if you show a substantial connection to your work. In other words, you must prove that the event or strain you experienced at work was beyond what ordinary daily living will cause (Workers’ Compensation Law (N.J.)). If you already had heart problems and you had a heart attack at your desk, the court might need evidence that some unusually stressful event triggered it.

Can I Sue My Employer in Court?

In most cases, no. This means you typically cannot file a lawsuit against your employer for additional damages like pain and suffering. The law streamlines compensation for injured workers, allowing them to avoid a full-blown civil lawsuit.

The exception is if your employer intentionally caused your injury, which is rare and hard to prove. For example, if your employer set up a trap to harm you, that might be considered an intentional act. Otherwise, your route to compensation is through the workers’ compensation system.

What Happens During a Workers’ Compensation Claim in New Jersey?

When you get hurt, you should notify your employer immediately and ask for medical treatment. The employer (or their insurance carrier) will guide you on where to get care. If your injury is serious and you may be out of work for an extended time, you may apply for temporary disability benefits.

After you reach a point where doctors believe your condition is not likely to improve any further—known as “maximum medical improvement”—the focus shifts to whether you have a permanent disability. Medical professionals will examine your injury and determine how it impacts your ability to work.

Do I Need a New Jersey Workers’ Compensation Lawyer?

Yes. Having a New Jersey workers' compensation lawyer can be extremely helpful, especially if your injuries are severe and your future workability is at risk. The workers’ compensation process might seem straightforward, but it can become complicated when insurance companies push back or question the severity of your injuries.

A New Jersey workers' compensation attorney can:

• Help gather strong medical evidence of your disability
• Make sure you receive the full amount of weekly benefits you deserve
• Represent you at hearings before the Division of Workers’ Compensation
• Negotiate settlements or push for a fair trial if the insurance company is unwilling to pay

Getting legal help early can make a big difference in the outcome of your claim.

Contact a New Jersey Workers’ Compensation Lawyer Today

If you or a loved one has suffered a serious workplace injury in New Jersey, contact a New Jersey workers' compensation attorney today to discuss your case and learn about your rights. With the right legal guidance, you can focus on healing and rebuilding your life while your lawyer works to secure the benefits you need and deserve.

Contact us